Nurses out of medical malpractice who is responsible for compensation

If the nurse's cause of medical malpractice, the compensation responsibility is borne in full by the hospital where the nurse works, although not registered in the hospital, but approved by the hospital to work in the hospital, the hospital will have to bear the full compensation responsibility. After the hospital has compensated the patient, it may recover the compensation from the nurse or impose administrative penalties in accordance with hospital regulations. The civil code provides that after the occurrence of medical accidents, if the medical staff fault caused by the medical institution, the medical institution shall be responsible for, the doctor or nurse has a major fault, the medical institution can doctors or nurses to recover compensation.

The scope of liability for damages for medical malpractice is as follows: where personal injury is caused by aggression against another person, compensation shall be paid for reasonable expenses for treatment and rehabilitation such as medical fees, nursing fees, transportation fees, as well as for the reduction of income due to missed work. Where disability is caused, compensation shall also be paid for disability living aids and disability compensation. In the event of death, funeral expenses and death compensation shall also be compensated.

Legal basis:

The Chinese People's *** and National Code

Article 1218 of the patient in the diagnostic and treatment activities suffered damage to the medical institution or its medical personnel are at fault, the medical institution shall bear the responsibility for compensation.

Article 1219 of the Law stipulates that medical personnel shall explain the patient's condition and medical measures to the patient in the course of medical treatment. Need to implement surgery, special examination, special treatment, medical personnel shall promptly specify to the patient medical risks, alternative medical programs and other circumstances, and obtain their explicit consent; can not or is not appropriate to explain to the patient, should be explained to the patient's close relatives, and obtain their explicit consent. Medical personnel failed to fulfill the obligations of the preceding paragraph, causing damage to the patient, the medical institution shall bear the liability.

Article 1220 due to the rescue of life-threatening patients and other emergencies, can not obtain the views of the patient or his close relatives, approved by the head of the medical institution or the person in charge of the authorization, you can immediately implement the appropriate medical measures.

Article 121 of the medical staff in the diagnosis and treatment activities did not do with the then level of medical care corresponding to the diagnosis and treatment obligations, resulting in damage to the patient, the medical institution shall bear the responsibility for compensation.